Grant, 23, is facing a first-degree murder charge in the shooting death of Fouch on March 12, 2012, near the Party Pickup on West Rockspring Street. Grant became eligible for bond when prosecutors said they would not seek the death penalty.

Bill Griffin, an assistant district attorney, had said earlier Grant made threats to kill witnesses in the case and tried to escape custody. Grant’s criminal history in Vance County includes a felony drug charge, misdemeanor drug charges and a shoplifting charge.

In his argument for Grant, DeCillis pointed out discrepancies among witnesses as to who shot Fouch in the back. He said Grant is a Henderson born and raised member of the community.

Bill Griffin, an assistant district attorney, argued for no reduction in bond and offered recorded copies from three prosecution witnesses.

On a point of how many people were interviewed by Henderson police, the defense and prosecution disagreed on actual witnesses versus people who came to the scene after the shooting.

“We have three eyewitnesses who were interviewed,” Griffin said.

DeCillis argued two witness describe a different shooter in the incident, and he also argued prosecutors lack motive and physical evidence.

Griffin countered that one of the witnesses DeCillis referred to “did not in fact witness the shooting.”